Case Analysis On The Dispute Of Marital Joint Debt

In the rising divorce rate now,disputes over the joint debts of husband and wife after divorce have also become a very common dispute in judicial practice.However,due to the diversification of national legal level and the inconsistency of standards in various regions,coupled with the tendency of judges to have their own value in the judgment,many different judgments have emerged in judicial practice.In view of this situation,after the release of the explanation of Marital Debt Disputes on January 17,2018,the settlement of marital joint debt disputes after divorce has been improved to a certain extent.However,judicial interpretation is judicial interpretation after all,unable to break through the provisions of the current legal system,nor to rebuild the corresponding system,so the thorough solution of the problem still needs to do further exploration.Through the interpretation of the cases involving joint debt disputes after divorce,the three controversial points are summarized.The first is the dispute over the standardization of the joint debt of the husband and wife;the second is the dispute over the nature of the joint debt of the husband and wife;the third is the dispute over the responsibility of the joint debt of the husband and wife.Based on the legal analysis of the focus of the case,exploring different views on the criteria for determining the joint debt of husband and wife:“Common Standard of Living”,“Time Presumption Standards”,“Reciprocal Standards for Couples” and “Standards for Daily Family Agents”.Combined with case analysis,it is concluded:The comprehensive treatment of the joint debt dispute between husband and wife by the "Reciprocal Standards for Couples" and the "Standards for Daily Family Agents" can largely solve the problem of different judgments in the same practice.When the court applies the accreditation criteria to identify the claim debt as a joint debt of the spouse rather than an individual debt,Then,the nature of the joint debt of the couple and the differences assumed are described,including the difference between the common debt and the joint debt,the reason why the joint debt of the husband and wife should be defined as the common debt.After clarifying the nature of the joint debt of the husband and wife,the paper analyzes the responsibility of the husband and wife's common debt,expounds the existing problems and defines the responsibility of the husband and wife's joint debt.Combined with case analysis,it is concluded:When the contentious debt is judged as the joint debt of husband and wife,the joint debt of husband and wife should bedefined as the joint debt,so as to assume the joint repayment responsibility with the common property.